Do I need to be in the USA when my I-526 is approved?

The EB-5 process involves several steps, and a common question is whether you need to be physically present in the United States when the I-526 is approved. In general terms, there is no requirement for you to be inside the country at that moment.

The I-526 is the petition that demonstrates your qualification as an investor, and it can be processed while you reside abroad. After the I-526 approval, you have two alternatives to proceed with the immigration process. If you are already in the US with a valid status, you may opt for adjustment of status, regularizing your situation without the need to leave the country.

However, if you are outside the United States, your case will follow consular processing, which culminates with an interview at the American embassy or consulate in your country of residence. Each of these routes has its deadlines and requirements, so it is important to get well informed about the specific details that apply to your situation.

It is worth emphasizing the importance of carefully following US immigration laws. Always seek updated information and consult reliable sources or specialists in the area before making any decision. Beware of marketing campaigns that promise guaranteed results or miracle solutions, as they can cause you troubles and losses, besides not being in accordance with what the legislation provides.

Staying informed and acting according to legal guidelines is essential for your process to proceed in a safe and effective manner. I hope this explanation has clarified your doubt about the need to be in the USA when your I-526 is approved.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.